Decision record
Barry Nenadon Kumbe & Winston Edwards
Allegation / charges
Breaches, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Two respondents dealt with together. First Respondent Barry Kumbe, principal of Michael Mofus and Co, had nine allegations proved including failing to comply with an Adjudicator's decision, failing to cooperate with the SRA/LCS, failing to supervise an unadmitted immigration adviser, abandoning his practice, failing to produce books of account, failing to hold indemnity insurance, failing to deliver an accountant's report, permitting misleading notepaper (falsely naming non-partners), and breaching an undertaking. No dishonesty finding was expressly made against him, but the Tribunal found he had abandoned his practice and seriously damaged the profession's reputation; he was struck off. Second Respondent Winston Edwards, a solicitor's clerk, was found to have acted dishonestly (applying the Twinsectra test) by using the firm's letterhead after his employment terminated, holding himself out as an employee. A Section 43 order was made against him. Neither respondent appeared. Costs schedules (£14,336.20 for Kumbe; £9,745.32 for Edwards, to be apportioned with a severed co-respondent) had not been served, so both respondents were ordered to pay costs subject to detailed assessment.
Duties found breached:
- No improper communication with the court
- Uphold public trust in the profession
- Non-discriminatory acceptance and cab-rank
- Handle inadvertently received material
- Accounting records, reconciliation and reports
- Professional indemnity insurance
- Report serious misconduct of others
- Honour professional undertakings
Aggravating factors:
- Wholly cavalier attitude and complete disregard for professional rules
- Abandonment of practice and leaving the country
- Failure to obtain indemnity insurance placing the public at risk
- Unknown whether sufficient funds held to meet client liabilities
- Second Respondent misled clients by using firm notepaper after employment ended
Duties engaged
- No improper communication with the court
- Honesty
- Uphold public trust in the profession
- Non-discriminatory acceptance and cab-rank
- Handle inadvertently received material
- Accounting records, reconciliation and reports
- Firm governance, systems and compliance
- Professional indemnity insurance
- Orderly wind-down and contingency cover
- Report serious misconduct of others
- Honour professional undertakings